General Discussion - How can a foreigner (Colombia) sue in small claims court? - Canada

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RE: We offer fresh cut bank instrument for lease/sale, such as BG, SBLC, MTN, Bank Bonds, Bank Draft, T strips and others.

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We offer fresh cut bank instrument for lease/sale, such as BG, SBLC, MTN, Bank Bonds, Bank Draft, T strips and others.

Postby rajan123 » Mon Jan 06, 2014 03:10:29 AM

Email :rajanvaira.broker75
Skype :rajanvaira.broker
password :Rasaq123

Dear Sir/Ma,

We have direct providers of Fresh Cut BG, SBLC and MTN which are specifically for lease. Our bank instrument can be engaged in PPP Trading, Discounting, Signature Project(s) such as Aviation, Agriculture, Petroleum, Telecommunication, Construction of Dams, Bridges, Real Estate and all kind of projects. We do not have any broker chain in our offer neither do we get involved in chauffer driven offers. We deliver with time and precision as set forth in our agreement. Our terms and Conditions are reasonable, below is our instrument description.

DESCRIPTION OF INSTRUMENTS:
1. Instrument: Bank Guarantee (BG/SBLC)
2. Total Face Value: Min of 1M Euro/USD (One Million Euro/USD) to Max of 5B Euro/USD (Five Billion Euro/USD).
3. Issuing Bank: HSBC, London or Deutsche Bank Frankfurt or any Top 25 WEB
4. Age: One Year, One Day
5. Leasing Price: 5.0% of Face Value plus (0.5+X)% commission fees to brokers.
6. Delivery: Bank to Bank SWIFT.
7. Payment: MT-103.
8. Hard Copy: Bonded Courier within 7 banking days.

All relevant business information will be provided upon request.

If Interested kindly contact me via Email:~rajanvaira.broker75@gmail.com
Skype ID :rajanvaira.broker
rajan vairawanathan
united state
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RE: How can a foreigner (Colombia) sue in small claims court?

Postby HonestAbe » Sat Oct 26, 2013 07:37:16 PM

Yes, the $6,000 was part of the agreement; it was the consideration given. I don't know how someone in Columbia could launch a small claims court action in Saskatchewan. Certainly, the Regina sister could represent her Colombian sister, but the fact that the contract involves the latter and they couldn't be present as a witness would be a serious obstacle because they couldn't give evidence or be cross examined - something especially important in cases that hinge around a difference of opinion as to what a contract was supposed to mean and alleged verbal misrepresentations.

I'm not familiar with the Saskatchewan court system but I had occasion to talk with a few of their civil lawyers near Regina last week and it seems paralegals don't handle many, if any, court cases there at any level.

There's always the possibility of getting a judgment in Colombia and relying of the Enforcement of Foreign Judgments Act of Saskatchewan. Actually, it's basically the same Act for all the provinces. But I have no idea how courts work in Columbia, and whoever acted for the immigrant lady would have to understand the complexities of international law. And then it's Colombia, not the US or the UK, so good luck with that. On the other hand, if the Regina sister paid the money directly to the consultant, even though the named parties in the contract were other than her, it's possible the courts might interpret that the injured party was the relative over here because she was bringing her sister over for familial companionship and support. Hard to say how the court might interpret that.

But the question that goes begging is: Did this lady really get scammed or was she only angry that she ended up spending a lot of money for nothing?

Whatever the merits of her complaint, if she believes she was wrongly done by, she should file a complaint with the ICCRC to get the ball rolling. In addition, as many resourceful people have figured out, contacting the local media with your complaint often brings a swift resolution because of the adverse publicity generated.
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RE: How can a foreigner (Colombia) sue in small claims court?

Postby montyloree » Sat Oct 26, 2013 12:31:04 PM

Northland Immigration is a small operation... this is one of their facebook pages:
https://www.facebook.com/pages/Kristen-Sarabin-Business-Service-Representative-Northland-Immigration/512094858863533

As far as the contract.. I'm not going to post it because it will infringe on privacy issues. It went through the contract and the papers, and there are clear violations of the agreements.

I will contact small claims in Saskatchewan to see how a person from Colombia can bring a suit here... there's gotta be a way that a foreigner can easily and successfully sue a Canadian company

The question I had was: is the lady that paid the $6000 to the immigration consultant part of the agreement? part of the contract? she made the payment to complete the contract
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RE: How can a foreigner (Colombia) sue in small claims court?

Postby HonestAbe » Sat Oct 26, 2013 07:18:24 PM

Despite the pretentious title, it seems Northland Immigration Services is a one-woman show with an unnamed lawyer on the side. The proprietor's name, Harriet Huyen Vu, makes one wonder whether she's a Vietnamese refugee or immigrant, herself. Coincidentally, I drove by her place last week; I could have stopped in and asked her. I was shocked by the large number of foreign workers doing minimum wage jobs in Regina and throughout Saskatchewan so I take it her business is booming.

Saskatchewan is one of those provinces where paralegals don't handle small claims court cases, only lawyers. Maybe they will catch up with the rest of the provinces one day, but for now because of cost, she would have to get a friend or family member to file for her with an affidavit. Not sure how affidavits work with nonresidents though. But then she might not know anyone here.

That leaves filing a complaint with the ICCRC governing body, which is something she could do herself. Having said this, there was no information posted on the contract terms, without which it's impossible to determine if misrepresentation occurred. Usually people who don't speak the language require sponsorship as with the case of 2 very fine Chinese people I know. If she signed a contract hiring advocacy services when she would have been ineligible for entry anyway, then that would constitute gross misrepresentation which would voided the contract because the immigration consultant should have known that. Since there was no info about the lady's circumstances other than her language barrier, it's impossible to conclude anything.

When you hire a lawyer, to represent your cause in court, there is no guarantee you will win. As long as the lawyer provided services that were consistent with their governing body's professional standards, the lawyer has discharged his/her obligations. Immigration advocacy is also a legal service, or more accurately a paralegal service that sometimes enlists the help of lawyers. Obviously, consultants can't guarantee anything either. That extends to Immigration officers, too. The last Immigration Canada officer who did guarantee a lady acceptance in return for "favours" is now in jail.

Like credit repair and debt settlement, immigration consulting was one of those industries that exploited pipe dreams through false promises. Therefore the various provincial governments cracked down on those endeavours by regulating them through licensing standards. That still doesn't mean everyone in those industries is reputable, only that they pay sufficient adherence to the letter of the law to avoid prosecution. Whatever went on between the lady and Ms. Vu, we don't know, but the first step would be to file a complaint which is available online with the ICCRC.
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RE: How can a foreigner (Colombia) sue in small claims court?

Postby montyloree » Sat Oct 26, 2013 05:36:49 AM

So... what you're saying is... the fellow in Colombia should file... or the lady In Canada who paid for the whole service.. she's not named in the contract.

What part of the contract does she take?
How can she sue the immigration consultant?

The immigration consultant is listed on the Immigration Canada website. Northland Immigration Services.

This is their website:
http://www.northlandimmigration.com/

This is their listing on Immigration Canada website:
http://www.ic.gc.ca/app/ccc/srch/nvgt.do?lang=eng&prtl=1&sbPrtl=&estblmntNo=234567132942&profile=cmpltPrfl&profileId=501&app=sold

I can see how it would be for an immigration consultant to blow off clients who in another country... because they're asking themselves in Colombia, how can I get my money back?... how do I sue?
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RE: How can a foreigner (Colombia) sue in small claims court?

Postby HonestAbe » Fri Oct 25, 2013 01:46:37 PM

The agreement with the immigration consultant was voided by frustration of contract.

File with consumer protection, police, and the court. I assume she won't easily get her money back because the immigration consultant was likely a scam artist who is too lazy to go out and get a real job.
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RE: How can a foreigner (Colombia) sue in small claims court?

Postby montyloree » Fri Oct 25, 2013 11:12:07 AM

This is actually an interesting case...

The fellow in Colombia set up a contract with a Canadian firm... the Canadian firm didn't live up to the agreement, and left the Colobiam client and dry... how can the foreigner successfully sue a Canadian company in small claims court?
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How can a foreigner (Colombia) sue in small claims court?

Postby montyloree » Fri Oct 18, 2013 05:47:29 AM

I was talking to a lady who was scammed by an immigration consultant in Regina.

The lady has a sister who lives in Colombia... The sister wants to come to Canada.. They started to deal with a immigration consultant who indicated that the lady could come to Canada "no problem"..

The lady gave the immigration consultant $6000 to help her sister.

The problem is: the agreement was between the sister in Colombia and the immigration consultant.

THE SISTER WASN'T ACCEPTED TO CANADA: It turns out that Canada has requirement that immigrants must pass an English test before they come.. The sister doesn't speak English. As such she failed the immigration test.

In the immigration consultant's contract, it is stated that she will refund the money to the client if there is not job offer. She couldn't give the sister a legitimate job offer because the sister isn't allowed to come to Canada to work.

The immigration consultant now refuses to give the money back the lady.

Here's the Deal:
Contract between Immigration Consultant and Colombian sister
Money paid to Immigration Consultant by Canadian sister.

The question is: how can we get the money back to the Canadian sister?
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